BYRON – After learning last week that a special town meeting ordinance OK’d in May that bans future campground development and campground expansions won’t hold up in court, First Selectman Bruce Simmons resigned Thursday.

“I personally feel that I have let down the town and the taxpayers of Byron by not recognizing that the ordinance that you passed was not valid. I apologize for not being smart enough to figure this out,” Simmons wrote in his resignation letter.

It was posted Thursday morning at the Town Office and at the adjacent town schoolhouse.

“Apparently, I don’t know what I’m doing,” Simmons, 67, said by phone from home on Thursday afternoon.

The ordinance, which also banned development of commercial RV parks and commercial seasonal trailer parks, originated from a petition brought by resident businessman Robert Susbury Jr.

Although Susbury said at a public hearing last month regarding his proposed ordinance that it didn’t target Roger and Judy Boucher’s business – Coos Canyon Campground and Cabins, the only campground in Byron – the Bouchers took it as a personal attack against them since they’ve been blocked from expanding for the past two years.

They bought the campground from Rosey White, who later married Susbury. The Susburys own and operate the Coos Canyon Gift Shop on the other side of Route 17 from the campground.

In March 2006, the Bouchers bought 100 acres on the Susburys’ side of Route 17 across from the campground and along the Swift River to create 25 to 30 sites on 10 acres.

Three months later, voters passed a moratorium on any new or expanding campgrounds until an ordinance could be drafted. Last year, voters approved a commercial campground ordinance that included a stipulation requiring such owners to hire a professional engineer or certified Maine inspector to design a plan to create or expand their sites.

An attempt by the Bouchers to get that part rescinded at last month’s special town meeting, failed 30-22. Then, a 30-22 vote OK’d Susbury’s ordinance, which replaced Byron’s previous commercial campground ordinance.

“Unfortunately for the town, Mr. Susbury’s petition was not worded correctly. The Bouchers’ lawyer has pointed this error out to selectmen,” Simmons stated in the letter.

Subsequently, Byron’s lawyer concurred, and told selectmen that the new ordinance probably won’t hold up in court.

That’s why, Simmons added, he wrote at the top of his resignation letter, “To the residents of Byron – The Bouchers win, you lose.”

He then blamed the oversight on a confusing flurry of proposed ordinance changes and petitions prior to the March town meeting, documents that selectmen put before voters last month.

“Not wanting to waste any more town money on lawyers, the selectmen decided not to pursue this any further. Therefore, Byron no longer has any ordinance controlling commercial campgrounds,” said Simmons, who has served as a selectmen for the past seven years.

Because Byron elects its officials from the floor, another special town meeting will have to be convened to choose someone to finish the 18 months of Simmons’ term.